She is scheduled to appear in court Wednesday, but a spokesman for the Yolo County District Attorney's office said that as of late Tuesday afternoon, no decision on charges had been made.

Legal experts said charges could range from the most serious -- first-degree murder -- to child endangerment.

There are also new questions on why Green was allowed to take her newborn baby from the hospital if he was born with drugs in his body.

The baby's paternal grandmother, Patti Rees, confirmed to KCRA 3 Tuesday that the baby, Justice Rees, was born with meth in his system and was kept in the neonatal intensive care unit for five days.

Child Protective Services was called and allowed the family to take the baby home once family members created a "safety plan" for the child, Rees said.

A Yolo County spokeswoman did not respond Tuesday to requests for an interview with the county's CPS officials.

Counties prefer to leave a child at home rather than place him in foster care if they can be assured that steps are being taken to keep the child safe, said a family and criminal law expert.

"There are other cases where even if a parent is abusing drugs, there's enough of a social safety net for that child to be sent home," said John Myers, a criminal law and family law professor at McGeorge School of Law.

Myers also represents children in family court cases in Colusa County.

"And the preference in the law is for children to be with family if it's safe to do that," Myers said.

Green's living arrangement may have played a role in the decision by CPS.